Oracle America, Inc. v. Google Inc.

Filing 774

ORDER GRANTING PRECIS TO FILE MOTION TO AMEND INFRINGEMENT CONTENTIONS re #755 Letter filed by Oracle America, Inc.. Signed by Judge Alsup on March 7, 2012. (whalc1, COURT STAFF) (Filed on 3/7/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ORACLE AMERICA, INC.,

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For the Northern District of California

United States District Court

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Plaintiff,
v.

ORDER GRANTING PRÉCIS
TO FILE MOTION TO AMEND
INFRINGEMENT CONTENTIONS

GOOGLE INC.,
Defendant.
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No. C 10-03561 WHA

Plaintiff Oracle seeks to amend its infringement contentions and supplement its expert

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infringement report to account for the Court’s construction of “generating, at runtime” in the ’205

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patent. Oracle argues that the proposed amendment does not change its theory of infringement

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but merely “identif[ies] additional evidence that the accused Android software” infringes under

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the Court’s construction. Google opposes and argues that Oracle seeks to advance a new

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infringement theory.

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The Court would benefit from a full record identifying the proposed amendments.

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Oracle’s précis request to file its motion is GRANTED. This is without prejudice to denying the

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motion after reviewing the full record. The briefing schedule shall be as follows. Oracle must

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file its motion by NOON ON MARCH 12. Google must file its opposition by NOON ON MARCH 16.

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Any reply must be filed by NOON ON MARCH 19.

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IT IS SO ORDERED.

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Dated: March 7, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE